» Motion to Suppress

December 11^th 2012
Unlawful Possession of a Firearm Chapter 269 Section 10(a)
Unlawful Possession of Ammunition Chapter 269 Section 10 (h)
Carrying a Loaded Firearm Chapter 269 Section 10(n)
Habitual Offender Statute Chapter 279 Section 25
Client was a hard working father and husband who had been standing on a sidewalk in Roxbury with several other men. Police arrived and searched all the people, including client. After they searched client they discovered he possessed a loaded 9mm firearm in his waistband. Client was arrested and charged with the above charges and appointed a public defender. The public defender did a great job of obtaining a dismissal of the Habitual Offender Law, which had exposed client to potential significant prison time. However, after nearly a year of litigating the case, client sought Attorney Barabino to represent him on the above firearms-related charges. Attorney Barabino conducted a thorough examination of the crime scene, called witnesses to testify, and asserted case law regarding search and seizure in an extensive memorandum of law. On the day he filed a Motion to Suppress was filed, Commonwealth filed a separate motion with the court to withdraw the case from prosecution. Case Closed.
RESULT: Motion to Suppress, FILED. CASE DISMISSED.

December 3^rd 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client, a young man in high school, was charged with Distributing Marijuana. According to police, client was in a parking lot with another person, after hours, when police performed a well-being check. Once police arrived, they smelled the odor of pot and detected other suspicious behavior. Police made Defendant exit the vehicle and located several separate bags of pot in his pocket upon search, as well as nearly $500 in cash. The police arrested and charged client and Attorney Barabino began criminal representation with client. An expert was hired with a specialty in drug distribution and several motions were filed to prepare for trial. Since it was expected that Attorney Barabino and client would only accept a complete dismissal or a not guilty verdict, the case was litigated for nearly a year and a half. During one hearing Attorney Barabino sought suppression of evidence and that request was allowed by the judge. With little expectation of success, the District Attorney simply dismissed the case. Attorney Barabino sought return of the client's so called drug money, and the court agreed and allowed the motion to return his property.
RESULT: Motion to Suppress, ALLOWED, CASE DISMISSED.